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Terms of Service

Last Updated: June 3, 2025

1. Acceptance of Terms

By downloading, installing, or using Driftwell (the “App”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to these Terms, please do not use the App.

2. License Grant & Restrictions

License Grant: Subject to your compliance with these Terms and Apple’s App Store Review Guidelines, Sitka Labs (“we,” “us,” or “our”) grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download, install, and use the App on any Apple-branded device running iOS that you own or control; and
  • Access and use the App’s features solely for your personal, non-commercial purposes.

License Restrictions: You agree not to, and you will not permit others to:

  • Copy, reproduce, distribute, or create derivative works of the App (in whole or in part), except as expressly permitted by Apple’s App Store terms.
  • Reverse engineer, decompile, or disassemble the App, except to the extent permitted by law.
  • Modify, adapt, translate, or create derivative works based on the App.
  • Rent, lease, lend, sell, sublicense, or otherwise transfer rights to the App.
  • Remove, alter, or obscure any proprietary notices (including copyright and trademark notices).
  • Use the App in any manner that violates applicable law, infringes on the rights of others, or interferes with the operation of the App or the rights of other users.

3. Accounts & User Content

Account Creation (If Applicable): No account is currently required to use Driftwell’s core features. If we introduce optional account-based features in the future (e.g., syncing saved stories), you may need to provide information such as an email address or username. You agree to provide accurate, current, and complete information and to maintain and promptly update your account information.

User-Generated Content: The App allows you to create and save “stories” (text entries) locally on your device and/or in our backend (hosted via Supabase). You retain all ownership rights to your saved stories. By choosing to upload or store your stories on our backend, you grant Sitka Labs a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display that content solely to provide the App’s functionality. You represent and warrant that any content you submit does not infringe upon another party’s rights or violate any applicable laws.

Prohibited Content: You agree not to submit any content that:

  • Is unlawful, defamatory, libelous, obscene, or harassing;
  • Violates someone else’s intellectual property or privacy rights;
  • Contains viruses or any other harmful code;
  • Encourages conduct that could be criminal or give rise to civil liability.

4. Privacy & Data Storage

Your use of the App is governed by our Privacy Policy, which explains how we collect, use, and disclose information. By using the App, you consent to our practices described therein.

Storage: Any user-generated data (saved stories, and future account credentials, if applicable) is stored on Supabase. Crash reports and diagnostic data are collected by Sentry.

Deletion Requests: You may request deletion of your stored data by emailing data@driftwell.app. We will comply except where retaining certain records is required by law or legitimate business need.

5. Intellectual Property Rights

All intellectual property rights, including but not limited to copyrights, trademarks, trade dress, trade secrets, and other proprietary rights in and to the App (including source code, object code, graphics, and documentation) are owned by Sitka Labs or its licensors. The “Driftwell” name, logo, and other brand elements are trademarks or registered trademarks of Sitka Labs. You agree not to display or use these trademarks without our prior written consent.

6. Third-Party Services & Links

The App relies on third-party services to function. We use:

  • Supabase: to store user-generated content and any future account data. Supabase acts solely as our data host and does not share your data with other customers.
  • Sentry: to collect anonymized crash and performance data. Sentry does not receive any personal information.

We do not embed any advertising SDKs or social-media integrations. We do not share your information with third parties, except: (a) to comply with legal obligations; or (b) to protect our rights or the rights of others.

The App may contain links to third-party websites or services that are not owned or controlled by Sitka Labs. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. We encourage you to review their policies before providing any information.

7. Disclaimers & Warranties

No Warranty: The App is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied. Sitka Labs expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage in trade.

No Medical or Professional Advice: Driftwell is a relaxation and sleep-aid app. It is not a substitute for professional medical or mental health advice, diagnosis, or treatment. If you have any health-related concerns, please consult a qualified healthcare professional.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Sitka Labs, its officers, directors, employees, affiliates, agents, or licensors be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill) arising out of or related to your use of (or inability to use) the App.
  • Any errors, mistakes, or inaccuracies in the App’s content.
  • Any unauthorized access to or use of our servers or any personal information stored therein.

In no event will Sitka Labs’ total aggregate liability for all claims arising from or relating to these Terms or your use of the App exceed USD 100 (or the lesser amount required by applicable law), regardless of the cause of action or theory of liability.

9. Indemnification

You agree to indemnify, defend, and hold harmless Sitka Labs and its officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your breach or alleged breach of these Terms;
  • Your violation of any law or third-party rights (including intellectual property, privacy, or publicity rights);
  • Your use of the App in a manner not expressly authorized by these Terms.

10. Termination

We may terminate or suspend your access to all or part of the App at any time, with or without cause, and without prior notice or liability. Upon termination:

  • Your right to use the App will immediately cease.
  • All licenses and other rights granted to you under these Terms will terminate.
  • You must promptly delete and/or uninstall all copies of the App from your device.

11. Changes to These Terms

We reserve the right to modify or update these Terms at any time. When we make material changes, we will revise the “Last Updated” date at the top of this page and, if required by law, provide you with reasonable notice (e.g., via in-App notification). Your continued use of the App after the posting of revised Terms constitutes your acceptance of the updated Terms.

12. Governing Law & Venue

These Terms and any disputes arising out of or related to these Terms or the App shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the provincial or federal courts located in Vancouver, British Columbia, and you consent to the personal jurisdiction and venue therein.

13. Dispute Resolution

Informal Negotiations: Before filing a lawsuit, you and Sitka Labs agree to attempt to resolve any dispute arising out of or relating to these Terms or the App through good-faith negotiations in writing for at least thirty (30) days.

Binding Arbitration: If the dispute cannot be resolved through negotiation, you and Sitka Labs agree to submit the dispute to binding arbitration under the Canadian Arbitration Act. The arbitration will be conducted in Vancouver, British Columbia, by a single arbitrator appointed by mutual agreement of the parties. If the parties cannot agree on an arbitrator, the British Columbia International Commercial Arbitration Centre (BCICAC) will appoint one. The arbitration shall be conducted in English. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Exceptions: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent unauthorized use or abuse of the App or violation of intellectual property rights, without first engaging in arbitration.

14. Apple App Store Compliance

You acknowledge that these Terms are between you and Sitka Labs only, not Apple, and Apple is not responsible for the App or its content. Your use of the App must comply with Apple’s App Store Review Guidelines and any applicable Apple terms. To the extent any conflict exists between these Terms and Apple’s policies, Apple’s policies will govern solely with respect to App Store distribution. You must not remove, alter, or obscure any Apple-required notices or disclaimers in the App.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

16. Waiver

No failure or delay by Sitka Labs in exercising any right under these Terms will operate as a waiver of that right, nor will any single or partial exercise of any right preclude any further exercise of that right or the exercise of any other right.

17. Contact Information

If you have questions about these Terms or the App, please contact us at:

Email: support@driftwell.app